Do background checks include medical marijuana cards?

Background checks typically do not include information about medical marijuana cards. This is because the Health Insurance Portability and Accountability Act (HIPAA) protects the privacy of health information, including information about medical marijuana use. HIPAA applies to most health care providers, health plans, and health care clearinghouses. Background check companies are not considered health care providers or health plans, so they are not subject to HIPAA. This means that they cannot legally obtain or disclose medical information, including information about medical marijuana cards.

However, there are some exceptions to this rule. If you are applying for a job in a field that is regulated by the federal government, such as transportation or firearms, the employer may be able to obtain information about your medical marijuana use. This is because federal law does not protect the privacy of information about medical marijuana use. In addition, some states have laws that allow employers to discriminate against employees who use medical marijuana. These laws are often challenged in court, and their validity is still being debated.

If you are concerned about a background check, you should talk to your doctor or lawyer. They can help you understand your rights and options.